A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 4, 2011, the Defendant issued a summary order of KRW 500,000 as a crime of violation of the Road Traffic Act at the Seoul Southern District Court on March 4, 201, and a summary order of KRW 3 million as a fine at the Busan District Court on June 15, 2015, respectively.

Although the Defendant had been punished for drinking driving twice or more as above, around April 18, 2019, at around 21:50, the Defendant driven a E-low-water vehicle under the influence of alcohol with approximately KRW 500 meters alcohol concentration from the C parking lot located in the Busan East-gu, Busan to the D Apartment-gu, Busan, with approximately KRW 500 meters from the section of about 0.104% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

1. Article 62 (1) of the Criminal Act;

1. The reasoning for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the Defendant was fined twice as a drunk driving in 2011 and 2015, and the blood alcohol concentration level in the instant case is considered, and the judgment is rendered as per the disposition, taking into account all the circumstances, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the offense, and circumstances after the commission of the offense.